Kolkata Court February 1919 Judgments

Jotirmoy Moulik Vs. Khudiram Sadhu Khan and Kalimati Dassi Minor Repre ...

Court: Kolkata

Reported in: AIR1919Cal589,50Ind.Cas.908

Ernest Fletcher, J.1. This appeal is preferred by plaintiff No. 1 against a decision of the Additional District Judge of Jessore, dated 19th February 1917, reversing a decision of the Munsif of the same place. The plaintiff brought a suit against the defendants, alleging that they were his tenants, for an assessment of fair and equitable rent. The first Court decreed the suit. The lower Appellate Court dismissed it apparently on two grounds, firstly, on defect of parties and secondly, on the ground of limitation.2. What happened is this. There were two jamas. There was a dispute between the plaintiff and another man as to whether the two jamas in suit belonged to one particular Ganti or the other. These two Gantis are referred to in the judgment of the learned Judge as Rs. 136 and Rs. 70 Ganti respectively. The parties resorted to litigation. The present plaintiff was a plaintiff and the other Gantidar was a defendant and the present tenant was also a defendant.3. The matter was referr...